WASHINGTON, Jan. 12, 2021 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on Dec. 16, 2020, the U.S. Department of Agriculture (USDA) issued a complaint against Dwaine A. Miller (Miller) of Millersburg, Ohio, for alleged violation of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that from June through July 2019, Miller failed to pay, when due, the full purchase price of livestock in 34 transactions totaling $349,658. Payments ranged from 5 to 14 days after payment was due.
The P&S Act requires subject entities to issue the full payment for livestock by the close of the first business day following purchase and transfer of possession. Failure to pay promptly for livestock purchases is an unfair trade practice and a violation of the P&S Act.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $28,061 per violation against any person after notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, Miller may be ordered to cease and desist from continuing violations of the P&S Act and assessed a civil penalty.
The P&S Act is a fair-trade practice and payment protection law that promotes fair and competitive marketing environments for the livestock, meat, and poultry industries.
For further information about the Packers and Stockyards Act, contact Jeana Harbison, Packers and Stockyards Division, at (202) 720-7051, or by email at Jeana.M.Harbison@usda.gov
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